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Full text of "Constitution and canons, Missionary District of Asheville, 1904"



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Constitution and Canons 



/missionary District 

OF 

Asheville 



1904 






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THE GENERAL CONVENTION — HOUSE OF BISHOPS. 

Boston, ioth day of the Session. 

Oct. 17, 1904. 
The following resolution was adopted: 

Resolved, That the Constitution and Canons of the Missionary 
District of Asheville, based on those of the Diocese of Southern Ohio, 
be and are hereby approved. 

Attest: SAMUEL HART, 

Secretary. 



Constitution of the Protestant Episcopal 

Church 

in the Missionary District of Asheville. 

Adopted September 10, 1899, 

as subsequently amended and approved by 
The House of Bishops. 



ARTICLE I. 
The District. 



The Missionary District of Asheville embraces territorially the 
counties of Alleghany, Wilkes, Alexander, Catawba, Lincoln, and 
Gaston, in the State of North Carolina and all that portion of the 
State lying west thereof; and, as a constituent part of the Protestant 
Episcopal Church in the United States of America, it accedes to and 
adopts the Constitution and Canons of that Church, and acknowledges 
their authority accordingly. 

ARTICLE II. 
The Convention. 

The Convention of the District consists as follows: 

(a) Of the Bishop of the District, when there is one. 

(b) Of every clergyman, not under discipline, who shall have 
been for six months, next preceding the Convention, canonically 
resident in the District, and in charge of, or employed as assistant 
minister in, any Parish in canonical union with the District, or em- 
ployed as a missionary under the Ecclesiastical Authority of the Dis- 
trict, of regularly engaged as Instructor in any Parochial or Mission 
school of the District, or regularly engaged as instructor in any 
Church Institution, upon the Board of Trustees of which the Dis- 
trict is represented, or who, having been engaged in the discharge of 
any of the foregoing duties, shall have been disabled from continuing 
in the same by reason of advanced years or infirm health. 

(c) Of any officers of the District, who may be constituted 









4 CONSTITUTION AND CANONS 

ex-oMcio members of the Convention by constitutional or canonical 
provision. 

(d) Of lay delegates from the Parishes in canonical union with 
the District, and from the organized Missions in the District. 

Each of the said Parishes shall be entitled to three delegates in 
the Convention, and each of said Missions shall be entitled to one 
delegate in the Convention. 

The lay delegates shall be communicants in the Parish or Mis- 
sion, which they represent, and they shall be chosen in such manner 
as may be prescribed by Canon. 

ARTICLE III. 
Annual and Special Conventions. 

The Convention sail meet annually at such time and place as may 
have been determined by the next preceding Convention, or in case of 
no such determination, on the third Wednesday in June, at such place 
as may have been designated by the Ecclesiastical Authority of the 
District, but the time or place of such meeting may be changed, or 
Special Conventions may be called by the Ecclesiastical Authority of 
the District, subject to such provisions as may be prescribed by 
Canon. 

Printed notice of the meeting of the Convention shall be mailed 
at least thirty days before the time appointed, to every clergyman 
canonically resident in the District and to the Clerk of the Vestry 
of each Parish in canonical union with the District, and to the Clerk 
of each Mission in the District. 

In case of a special Convention, the notice shall specify the pur- 
pose for which the same is called, and no business, not strictly per- 
taining to that purpose shall be transacted by said Convention. 

ARTICLE IV. 

Religious Services of the Convention. 

The Ecclesiastical Authority shall appoint and order the opening 
service, and all other religious services of the Convention, subject, 
in the absence of the Bishop, to modification by the Convention 
itself. 

ARTICLE V. 

The President of the Convention. 

The Bishop of the District shall have a seat and -tote in the Con- 
vention, and shall be its presiding officer. 

If the Bishop of the District be not in attendance upon the Con- 



MISSIONARY DISTRICT OF ASHEVILLE 5 

vention, a President pro tempore shall be elected from among the cler- 
ical members of the Convention. 

ARTICLE VI. 

Convention Quorum. 

The presence of one-half of all the clergy entitled to seats in the 
Convention, and of a representation from one-third of all the Parishes 
entitled to be represented in the Convention, shall be necessary to 
constitute a quorum for the transaction of business, provided, how- 
ever, that any less number shall have power to meet, to receive re- 
ports, and to adjourn. 

ARTICLE VII. 

Officers to be Elected by Convention. 

The Convention shall elect annually, a Secretary, a Treasurer, and 
one member of a Board of five Trustees of the District to serve for 
five years. It shall elect trienially, a Registrar of the District, one 
clerical and one lay delegate to the General Convention, with one 
provisional clerical and one provisional lay delegate to the same, and 
an Ecclesiastical Court to consist of five Presbyters of the District. 

The foregoing officers shall respectively perform the duties which, 
by canon or general usage, may be prescribed for them; and each 
shall continue in office until his successor is chosen; and any vacan- 
cies among the foregoing officers, arising during the recess of the 
Convention, may be filled by appointment of the Ecclesiastical Au- 
thority of the District. Vacancies continuing until the time of an 
Annual Convention shall be filled by the same. 

ARTICLE VIII. 
Mode of Voting and Elections 

The Clergy and lay delegates shall deliberate in one body, and 
vote as such in all elections. All elections shall be by ballot. 

A vote by orders upon the decision of any question may be 
called for by five members; and in such case the concurrence of a 
majority of the votes in each order shall be necessary for an affirma- 
tive vote. In a vote by orders, each Parish represented in the Con- 
vention shall be entitled to but one vote, and a Mission in such case 
has no vote. 

ARTICLE IX. 

Election to the Episcopate. 

The election of a Bishop shall be made in an Annual Convention, 



6 CONSTITUTION AND CANONS 

or in a Special Convention called for that purpose at least sixty days 
before the time appointed, the object being stated by notice in 
writing, and sent to everjr clergyman and vestry of the District. 

The election shall be by orders, and the concurrence of a majority 
of both orders present and voting shall be necessary to determine the 
choice. 

ARTICLE X. 

The Chancellor. 

The Bishop, with the approval of the Council of Advice, may ap- 
point a person, learned in the law, Chancellor of the District, to ad- 
vise regarding any question of law which may arise in the adminis- 
tration of District affairs, who shall be entitled ex-ofRcio to a seat and 
vote in all Conventions, except when the vote is by orders. The 
Chancellor must be a communicant and resident in the District, and 
shall continue in office till death, or resignation, or revocation of ap- 
pointment by the Bishop. 

ARTICLE XI. 
Suspension of Parishes or Missions. 

Any Parish or Mission may be suspended from the right of lay 
representation in the Convention by a vote of two-thirds of each 
order, whenever the same shall be deemed conducive to the interests 
of the Church; or its connection with the District may be wholly dis- 
solved by canonical process. 

Any Parish or Mission which shall not have paid all assessments 
imposed upon it according to canon, for the District Fund, shall be, 
ipso facto, suspended from the right of lay representation, and shall 
remain thus suspended until its delinquency shall have been cancelled 
by payment or excused by vote of Convention. 

ARTICLE XII. 

Amendment of Constitution. 

The mode of altering this Constitution shall be as follows: 
Every proposition for amendment shall be made in writing, and 
being read, shall be referred to the Committee on Canons, which shall 
report the same to the next Annual Convention, with their recommen- 
dation, and .if two-thirds of the two orders voting separately shall 
then approve of said proposition, either in its original form, or in 
the form recommended by said Committee, and if the Bishop of the 
District approve, the proposed amendment shall then be submitted 
to the House of Bishops, and upon the approval of the House of 
Bishops, the Constitution shall be changed accordingly. 



MISSIONARY DISTRICT OF ASHEVILLE 7 

CANONS AS AMENDED AND APPROVED BY THE HOUSE 
OF BISHOPS, 1904. 

CANQN I. 
Of the List of Ministers. 

Section 1. Within one week before the meeting of every Con- 
vention of this District, the Bishop shall cause to be prepared a list of 
the Ministers canonically resident in the District, annexing the names 
of their respective cures, or parishes, or stations as Missionaries, or 
of the institutions of learning, in which they are engaged; and in 
regard to such as are not engaged in parishes, or missions, or insti- 
tutions of learning as above, their places of residence only, specify- 
ing, at the same time, who of any class are Deacons; but no Clergy- 
man, while suspended from the Ministry, shall have a place on such 
list; and the list shall be laid before the Convention immediately after 
it shall have been called to order, and the names of the Clerical mem- 
bers called therefrom. The same shall be appended to the Journal, 
and sent to the Secretary of the General Convention. 

Sec. 2. When the right of any Clergyman to a seat in the Con- 
vention is disputed, it shall be determined according to the provis- 
ions of the second article of the Constitution, by the Convention 
itself, whether his name be inserted in the list aforesaid or be 
omitted. 

CANON II. 

Of Attendance on Convention. 

It shall be the duty of all Clergymen entitled to seats in the 
Convention to attend the same, and of each Parish in union with 
the Convention to send one or more Lay Delegates to the Conven- 
tion, not exceeding three, elected by the Vestry, at least ten days 
before the meeting of any Convention from among the male com- 
municants of said Parish, and of each organized Mission to send one 
delegate appointed by the Minister-in-charge from among the male 
communicants of the Mission, and the Clerk of the Parish or Mis- 
sion shall, at least five days before the meeting of any Convention, 
send to the Secretary of the Convention, for delegates elected or 
appointed as aforesaid, a certificate as follows: 

" This is to certify that N. N., communicants in good standing 

" of Church or Mission were duly appointed Lay Del- 

" egates to represent the same in the Convention of the Protestant 
" Episcopal Church in the District of Asheville, to be held on the 
" day of , in the year of our Lord ; and that 



8 CONSTITUTION AND CANONS 

" the semi-annual dues to the Contingent Fund of the District are 

" either fully paid, or application has been made for relief in accord- 
'" ance with the Canon." 

This certificate shall be signed by the Rector or Minister-in- 

charge, and Clerk. The Secretary of the Convention shall make a list 

of the names of Delegates thus certified to him, to be used by him 
at the organization of the Convention. 

CANON III. 

Of the Secretary. 

It shall be the duty of the Secretary to take minutes and record 
all proceedings of the Convention; to attest its public acts, preserve 
its records, notify the Parishes of the times and places of meeting 
of all stated and special Conventions, giving thirty days' notice, and 
faithfully to deliver to his successor all books and papers belonging 
to the Convention which may be in his charge. In giving notice of 
the meeting of the Annual Convention, he shall send a form of paro- 
chial report, and of certificate by which the appointment of Lay 
Delegates is to be certified. If the Parish or Mission be vacant, this 
notice shall be sent to the Clerk. 

CANON IV. 
Of the Treasurer. 

Section I. It shall be the duty of the Treasurer to receive and 
disburse all money collected under the authority of the Convention, 
of which the collection and disbursement shall not otherwise be reg- 
ulated, and semi-annually to notify the Teasurer of each Parish and 
Mission of the amount of its dues, and when to be paid, giving twenty 
days' notice. Tlis accounts, properly audited, shall be rendered annu- 
ally to the Convention, and shall be examined by the Committee on 
Finance. In case of a vacancy, the Bishop shall appoint a Treasurer 
for the unexpired term. 

Sec. 2. The Treasurer of the District shall ex-ofhcio be entitled to 
a seat in the Convention, and to a voice in the discussion of all finan- 
cial questions. He shall be cx-oMcio a member and Secretary of the 
Committee on Finance. 

Sec. 3. The salary of the Treasurer of the District shall be ($200) 
two hundred dollars per annum, and he shall act as Treasurer of the 
Board of Trustees of the District, if the Board so elects. 

Sec. 4. Before entering upon the discharge of his duties, the 
Treasurer shall file with the Trustees of the District a bond, exe- 
cuted to them on behalf of the District by some reliable guarantee 



MISSIONARY DISTRICT OF ASHEVILLE 9 

company, in the sum of five thousand dollars, for the faithful per- 
formance of duty, the cost of which bond shall be paid by the Dis- 
trict; and all moneys, under the charge of the Treasurer, belonging 
to the District, shall be kept on deposit, in the name of the District, 
subject to the order of the Treasurer of the District, with such bank- 
ing institution as may be approved by the Trustees of the District. 

CANON V. 

Of the Registrar. 

It shall be the duty of the Registrar to gather and preserve all 
such journals, files, papers, reports, catalogues, and other documents 
as may be useful for reference, or furnish materials for the history of 
the Church in the District of Asheville, and to hold the same under 
such regulations and restrictions as the Convention may from time 
to time prescribe. 

CANON VI. 

Of the Trustees. 

Section i. A Board of five Trustees of the District, to hold office 
five years, shall be elected by the Convention, who shall hold all 
property of the Missions of the District, and of such Parishes as de- 
sire to have their property held in trust by the Board, and who shall 
have the care of funds, such as those derived from extinct Parishes, 
and who shall have care of funds for the support of the Episcopate, 
and of all such as may by gift or devise for any special purpose be- 
come the property of the District. 

Sec. 2. At the first election of Trustees of the District under this 
Canon, the whole number shall be chosen; but the term of one (to be 
designated by the Board) shall expire each year, so that every year 
after the first, one Trustee shall be elected, and vacancies shall be 
filled for unexpired terms. 

Sec. 3. The Board of Trustees shall elect a Treasurer, who shall 
perform the duties usually pertaining to that office. Before entering 
upon the discharge of his duties, said Treasurer shall file with the 
Trustees a satisfactory bond, executed to them on behalf of the 
District by some reliable guarantee company, in the sum of five thous- 
and dollars, for the faithful performance of duty, the cost of which 
bond shall be paid by the District. Said Treasurer shall ex-ofUcio be 
entitled to a seat in all District Conventions, and to a voice in the 
- discussion of all financial questions, and he shall be ex-ofRcio a mem- 
ber of the Finance Committee. The Board of Trustees shall also 
appoint a Secretary, who, if not a member of the Board, shall have 
a seat, but not a vote, at its meetings. 



10 CONSTITUTION AND CANONS 

Sec. 4. The Bishop shall be ex-oMcio a member of the Board of 
Trustees, and, if present, shall preside at all meetings of the Board. 
The Bishop or any two trustees may call meetings of the Board. 

CANON VII. 
Of the Council of Advice. 

Section 1. A Council of Advice, who shall perform the duties 
of a Standing Commjttee for the District, shall be annually appointed 
by the Bishop in accordance with Canon 13, § IV [ii] of the General 
Convention. 

Sec. 2. Any three of the Council, the whole being summoned, 
provided one be a Presbyter, shall be a quorum for the transaction 
of business, when convened at the request of the Bishop. At all 
other meetings a majority of the members shall be necessary to a 
quorum. It shall be the duty of the Secretary of the Council to keep 
a faithful record of the proceedings in a book provided for the pur- 
pose; to preserve the original of all papers or letters addressed to 
the Council; to attest their acts, and to deliver to his successor all 
books and papers which in virtue of his office have been committed 
to him. The minutes of the Council, and all other papers in their 
hands relative to the Church, shall be subject to examination by the 
Bishop, or by the Convention. A report of the acts of the Council 
shall be made annually to the Convention. 

CANON VIII. 
Of Delegates to the General Convention. 

Section 1. The Convention shall, at each regular annual meet- 
ing next preceding a stated meeting of the General Convention, elect 
one. Clergyman and one Layman, to act as Delegates from this Dis- 
trict to the General Convention. It shall also elect one Clergyman 
and one Layman, as Provisional Delegates, which Delegates and 
Provisional Delegates shall represent the District until their succes- 
sors are elected, and shall represent the District in any General Con- 
vention, which may be held during their 'contiiiuance in office. 

Sec. 2. It shall be the duty of the Delegates-elect to signify to 
the Bishop, at least ten days before the meeting of the General Con- 
vention, their acceptance of the appointment, and their intention to 
perform its duties, and in case the Delegates or Provisional Delegates 
cannot represent the District in the General Convention, the Bishop 
shall appoint one or more as the case may be, to supply any deficiency 
in the representation of this District, which may in any way occur. 



MISSIONARY DISTRICT OF ASHEVILLE 11 

And the person or persons so appointed by the Bishop, being furn- 
ished with his certificate thereof, shall have all the power and author- 
ity of Delegates duly elected by the Convention. 

CANON IX. 
Of the District Contingent Fund. 

Section i. At each Annual Convention an assessment shall be 
made upon the several Parishes and Missions in the District, accord- 
ing to the several abilities of the Parishes and Missions, of an amount 
sufficient to satisfy the pecuniary obligations of the Convention, em- 
bracing all contingent expenses. 

Sec. 2. It shall be the duty of the Vestry of each Parish, and of 
the officers of each Mission, to provide for the collection and pay- 
ment of such sums as shall be assessed by the Convention as afore- 
said; and the same shall be transmitted in semi-annual installments 
to the Treasurer of the District. 

Sec. 3. It shall be the duty of each corporation in union with 
the Convention and of each organized Mission, to render, at such 
time and in such manner as may be required by the Convention, a 
true and faithful account of the real estate and other property owned 
by said Parish or Mission, with its fairly estimated value, and also 
a statement of any lien or encumbrance on the same, or any part 
thereof, and the amount of interest paid in consequence of such lien 
or encumbrance. And further, it shall be the duty of each Parish, or 
Mission, to declare the full amount of the current expenditure of the 
Parish or Mission, and of all money expended for the same, in any 
way accruing including salaries and all other expenses. 

Sec. 4. There shall be a Finance Committee to consider and ad- 
vise regarding the finances of the District, consisting of three lay- 
men, appointed annually by the Bishop, of which committee the 
Bishop shall be ex-ofRcio a member, and if present shall preside at 
meetings of the committee. The Treasurer of the District, and the 
Treasurer of the Board of Trustees shall be ex-officio members of the 
Finance Committee. 

Sec. 5. The Finance Committee shall hold such meetings as 
may be found necessary, one of which shall be within the forty 
days- immediately preceding the next regular Convention, at which 
meeting a statement shall be prepared, setting forth the financial con- 
dition of the District, and estimates for the ensuing year, a copy 
of which shall be sent to each minister and Parochial Treasurer and 
Mission Treasurer of the District. The Committee on Finance is 
hereby empowered and directed to base assessments on some fixed 
and uniform plan; and the assessments shall be payable, one-half 
August 1, and the other half February 1. 



12 CONSTITUTION AND CANONS 

Applications for, modification or remission of arrearages in the 
Contingent Fund shall be in writing, directed " To the Finance Com- 
mittee," and shall contain a statement of the number of collections 
taken in the Parish or Mission during the preceding year for Dis- 
trict purposes, and the results, and the grounds upon which relief is 
asked, and the reasons for the failure to make the regular collections, 
in case they have been omitted. 

Sec. 6. The Contingent expenses of the District shall include 
the following items. 

i. Publishing the Journal of the Convention, and such other doc- 
uments as may be ordered by the Convention. 

2. The salary of the Secretary of the District. 

3. The salary of the Treasurer of the District. 

4. The sum of $100 for the expenses of the Clerical Delegate to 
the General Convention in attending the same. 

5. The necessary expenses of members of the Ecclesiastical 
Court in attendance upon Ecclesiastical trials. 

6. The necessary expenses of Examining Chaplains for their 
work. 

7. The necessary expenses of the Trustees of the District for 
their work. 

8. The necessary expenses of the members of the Council of 
Advice for their work. 

9. The necessary expenses of the Secretary of the District for 
his work. 

10. The necessary expenses of the Registrar of the District for 
his work. 

11. Such other expenses as may be authorized by the Conven- 
tion. 

CANON X. 

Of New Parishes. 

Section 1. In order to the formation of a new Parish, the writ- 
ten consent of the Ecclesiastical Authority of the District must first 
be obtained, and such consent shall not be granted until evidence is 
given of the ability of the Parish, after organization, to pay a salary 
of at least $700 per annum to a Rector. 

Sec. 2. For the organization of a Parish, the following Article of 
Association must be signed by at least twenty persons who intend 
to be supporters of the Parish: "We, the undersigned, do associate 
ourselves together for the purpose of maintaining the worship of 



MISSIONARY DISTRICT OF ASHEVILLE 13 

God, and the preaching of the Gospel, according to the doctrine, 
discipline, and worship of the Protestant Episcopal Church in the 

United States of America, under the name of the Parish of 

Church, in the town arid county of , and 

State of North Carolina, and promise conformity to the Constitu- 
tion and Canon of the General Convention arid of the District of 
Asheville." 

Sec. 3. After twenty persons have signed the Article of Asso- 
ciation, a meeting of the same may be called on ten days' notice. At 
this meeting Vestrymen shall be elected, a name for the Parish 
adopted, and such other steps taken as are necessary to the incor- 
poration of the Parish under the laws of the State. The minutes of 
the meeting shall be recorded in a book to be kept as a record of the 
proceedings of the Vestry and Parish meetings, in which shall be 
recorded the Article of Association. 

Sec. 4. A certified copy of the Article of Association, and a 
copy of the minutes of the meeting for organizing the Parish, shall 
be sent to the Bishop without delay, together with notice that the 
Parish will apply for admission into union with the Convention. At 
a subsequent Convention this application shall be made, and for this 
purpose certified copies of the aforesaid papers shall be presented. 

Sec. 5. Any Parish which shall deem its. rights encroached 
upon, or its prosperity, or usefulness endangered by the proposed lo- 
cation in its vicinity of a Church or Chapel of another Parish, may 
present the matter of the threatened intrusion to the Bishop of the 
District, and ask his fatherly interposition in its behalf. In such case 
the Bishop may call for, and appoint the time and place of, a con- 
ference of delegates from the Parishes in interest. But, if such con- 
ference, with the godly advice of the Bishop, shall not result in an 
amicable adjustment of the difference between the parties thereto, 
the Bishop, or either party in the conflict, may lay the matter at issue 
before the Council of Advice of the District, and the decision of the 
Council of Advice, with the approval of the Bishop, shall be final. 

CANON XI. 

Of the Vestry. 

Section 1. In every Parish in the District, annually, on Easter 
Monday, at an hour, of which public notice shall have been given, after 
prayer, there shall be held a Parish Meeting for the election of a 
Vestry to consist of not fewer than five nor more than ten members, 
who shall continue in office until their successors are chosen. The 
Rector of the Parish, if present, shall preside at Parish Meetings. In 



14 CONSTITUTION AND CANONS 

his absence, the order of priority for the presiding officer shall be 
ex-oMcio : 

i. The Senior Warden. 

2. The Junior Warden. 

3. The Secretary of the Vestry. 

Should none of the foregoing officers be present, the Parish 
Meeting may elect any one of its members to preside. 

• Sec. 2. Should fewer than eighteen persons qualified to vote 
for Vestrymen attend the Parish Meeting, and should the Rector and 
one Warden, or the presiding officer and one-sixth of those present, 
concur in believing that the best interest of the Parish demand the 
postponement of an election, then such presiding officer shall de- 
clare the election postponed, and the Parish Meeting shall adjourn 
to a designated day and hour, not fewer than seven nor more than 
fourteen days after said Easter Monday; and public notice having 
been given of such adjourned meeting, it shall possess the powers and 
be subject to the rules of a regular Parish Meeting. 

Sec. 3. With the consent of the Bishop and Council of Advice 
of the District, Parishes, which cannot hold a Parish Meeting at the 
time specified in Sec. 1 of this Canon, may hold their Annual Parish 
Meeting for the election of a Vestry at a more convenient time of 
the year. Public notice of the time and place of such meeting must 
be given at least fourteen days before the meeting is to be held. 

Sec. 4. The Vestry shall, upon nomination of the Rector, elect 
two of its members, one as Senior Warden and the other as Junior 
Warden. 

Sec. 5. The Vestry shall elect a Secretary, whose duty it shall 
be to take and record the minutes of their proceedings, attest the pub- 
lic acts of the Vestry, preserve all records and papers belonging to 
the Parish, not otherwise provided for, perform such other duties as 
shall be legally assigned to him, and faithfully deliver to his succes- 
sor all books and documents in his possession belonging to the Parish. 

Sec. 6. A Treasurer shall also be elected, to receive, disburse 
and account for the funds of the Parish. 

Sec. 7. In electing a Vestry, no person shall be allowed to vote 
who is not at the time of such voting an adherent of the Protestant 
Episcopal Church and at least twenty-one years of age, and who 
has not for at least six months immediately preceding such election 
rented a pew, or portion of a pew, or by a subscription or otherwise 
contributed regularly to the support of the Parish; nor shall any 
person vote in a Parish who is not a bona fide member of the same. 

Sec. 8. To be eligible as a Vestryman, one must be a layman, 
and to be a Warden, one must be a communicant. 

Sec. 9. It shall be the duty of the Vestry to take charge of the 



MISSIONARY DISTRICT OF ASHEVILLE 15 

property of the church, to regulate all its temporal concerns, to elect 
and call a Minister in accordance with the provisions of Canon 12, 
and provide for his maintenance, to provide for paying all lawful 
assessments on the Parish, to keep order in the church during divine 
service, and, in general to act as helpers to the Minister in whatever 
is appropriate to laymen, for the furtherance of the Gospel; it being 
understood, always, that the spiritual concerns of the church are 
under the exclusive direction of the Minister in subordination to the 
Ecclesiastical Authority and laws of the District. 

Sec. 10. The order of priority for the presiding officer at Vestry 
Meetings shall be the same as is prescribed in Section one of this 
Canon. 

Sec. 11. It shall be the duty of the Wardens, especially, to 
provide the elements for the Lord's Supper, to collect the alms at the 
administration of the same, to keep and disburse such alms in case 
the Church is destitute of a Minister, and while the Church is desti- 
tute of a Minister, to provide for the holding of public worship, and 
the instruction of the congregation, by occasional clerical services, 
or by lay-reading, as the circumstances may permit. Meetings of 
the Vestry may be called by the Rector, or, in his absence, at the re- 
quest of a majority of members by the Senior Warden. 

Sec. 12. Vacancies occurring in the Vestry during the year, may 
be filled by the remaining members. If the Vestry should become 
extinct or incapacitated for action by the death or resignation of its 
members, the Bishop may call a special Parish Meeting (giving due 
notice thereof) to elect a Vestry to serve till the Easter Monday next 
following; and, if the Parish shall refuse or neglect to assemble and 
elect a Vestry as herein provided, the Bishop, with the advice and 
consent of the Council of Advice, may appoint three Trustees to 
take charge of the property of the Parish, and to exercise all the 
rights and functions of a Vestry, until the Parish shall elect a Vestry 
under the provisions of this Canon. 

CANON XII. 

Of Vacant Parishes. 

The filling of vacant Parishes shall be governed in all particulars 
in accordance with the provisions of Canon 14 of the General Conven- 
tion. 

CANON XIII. 
Of Extinct Parishes. 

Section 1. Whenever, in the opinion of the Bishop, a Parish has 



16 CONSTITUTION AND CANONS 

failed in the purposes of its organization, he may report the case to 
the Convention. 

Sec. 2. Whenever the Bishop and Council of Advice think it ad- 
visable to call upon the Convention to declare any Parish extinct, 
before a vote is taken, the question, with all the evidence tending to 
prove or disprove the existence of the facts upon which such declara- 
tion, under the law, must be founded, shall be referred to the Com- 
mittee on Canons, and a report made by that Committee, on a day 
subsequent to the day of reference, recommending what action should, 
in the opinion of the Committee, be taken by the Convention, accom- 
panied by a written or oral statement of the evidence placed before 
the Committee. And if two-thirds of the members present vote in 
favor of declaring the Parish or Parishes named in the report extinct, 
such Parish or Parishes shall become and be extinct, and title to all 
the property shall at once vest in the Trustees of the District. 

CANON XIV. 
Of Parish Registers and Reports. 

Section i. Every Minister of this District shall keep a record of 
all Families, Baptisms, Confirmations, Marriages and Funerals within 
his care, specifying the name, time, and place of birth, parents and 
sponsors of each person baptised; the time when persons became 
communicants under his charge, and whether by confirmation, trans- 
fer from some other Parish, or otherwise. This record shall be kept 
by the Minister in a suitable book, to be called the Parish Register, 
provided by and belonging to the Vestry of the Parish which he 
serves, which book shall be a part of the records of the Parish. 

Sec. 2. Every Minister shall on, or immediately after, the first 
day of June of each year, present or send to the Bishop or to the 
Secretary of the Convention, a report of his official acts, and a state- 
ment of the condition of the Parish or Missions under his charge, 
according to such form as shall be furnished by the Ecclesiastical 
Authority of the District, covering the Ecclesiastical Year ending 
May 31 of each year. 

Sec. 3. The report shall include the financial condition of the 
Parish or Mission as furnished by the Treasurer of the Parish or 
Mission. 

CANON XV. 

Of the Missionary Interests. 

Section 1. The general care and management of the Missionary 
interests of the Church in the District, and the duty of promoting the 
co-operation of our congregations with the General Board of Mis- 



MISSIONARY DISTRICT OF ASHEVILLE 17 

sions, are entrusted to a Missionary Committee, which shall consist 
as follows: Ex-officio, the Bishop of the District, who, if present, 
shall preside at all meetings; Ex-officio, the Archdeacon or General 
Missionary, if there be one; Ex-officio, the Deans of the Convoca- 
tions; Ex-officio, the Treasurer of the District, who shall act as 
Treasurer of the Missionary Committee; by annual election of Con- 
vention, one Clergyman and one Layman from each Convocational 
district; and such other members as the foregoing members shall 
elect into the Committee. 

Sec. 2. This Committee shall be charged with the appointment 
of Mission Stations and Missionaries; but no Mission Station shall 
be established nor Missionary appointed except upon the nomination 
of the Ecclesiastical Authority of the District. 

Sec. 3. The Missionary Committee shall meet quarterly at such 
time and place as the Bishop may appoint, or as may be found con- 
venient on their own adjournment. Three members, if one of them 
is a Clergyman, shall constitute a quorum. 

Sec. 4. The Missionary Committee shall appoint a Secretary, 
who, if not already a member of the Committee, shall thereby become, 
ex-officio a member. 

Sec. 5. All moneys received for the purposes of the District 
Missionary Committee shall be appropriated under its direction; but 
it shall be the privilege of contributors to the Missionary cause to 
designate the particular object to which their contributions shall be 
applied. 

Sec. 6. The Missionary Committee shall make through its Sec- 
retary an annual report to the Convention of the District, which report 
shall give a statement of the amounts of money expended for District 
Missions and for General Missions, with the methods adopted for 
raising the amounts expended. 

CANON XVI. 
Of Mission Stations. 

Section 1. A Mission Station, when adopted by the Ecclesiastical 
Authority and Missionary Committee, shall be duly organized by the 
appointment of a Missionary, who, with the consent and by the au- 
thority of the Committee shall appoint a Warden, a Clerk, and a 
Treasurer of the Mission, charged with its temporal interests, which 
officers shall be reported by the Missionary-in-charge to the Mission- 
ary Committee at its first meeting after the appointment, and the 
organization of the Mission shall date therefrom. 

Sec. 2. Application for organization shall be made in the first 
instance to the Bishop in the following form: 

Rt. Rev. and Dear Sir: — We, the undersigned, residents of 



18 CONSTITUTION AND CANONS 



-, county of , District of Asheville, having built 



or secured a place of worship, and being desirous of obtaining the 
services of the Protestant Episcopal Church, and being ready, ac- 
cording to our ability, to sustain the same, do hereby request you to 
inquire into our estate, and provide for us as you may deem proper 
and expedient. We do hereby declare ourselves, individually and 
collectively, ready to do what in us lies to establish and sustain the 
regular worship of the said Church, and promote its influence in our 
neighborhood; and we promise conformity to its doctrines, disci- 
pline, liturgy, rites, and usages. We put ourselves under your charge, 
and will reverently obey your authority. We promise conformity to 
the Constitution and Canons of the General Convention, and of the 
District of Asheville. In accordance with these obligations, we now 
ask the privilege of being organized as a Mission, under the name 
of ." 

Sec. 3. All property of a Mission Station shall be vested in the 
Board of Trustees of the District. 

Sec. 4. It shall be the duty of every Mission duly organized and 
of every Parish, which is aided by the Missionary Committee, to 
pledge and to pay an annual sum, satisfactory to the Committee, into 
its treasury in quarterly payments. 

CANON XVIII. 
Of Convocations. 

Section 1. The District shall be divided by the Bishop into Con- 
vocations, not more than three in number, and the Clergy within the 
several Convocations with Laymen appointed by the Rectors and 
Ministers-in-charge from their Parishes or Missions, shall meet at 
such time and place as each Convocation may determine, or at the 
call of the Bishop or Dean of the Convocation. 

Sec. 2. The officers of Convocation shall be Dean, Secretary, and 
Treasurer, which shall be elected annually by the Convocation; the 
Dean shall be qualified for office when his appointment is approved 
by the Bishop. 

Sec. 3. The Dean shall preside at all meetings of the Convoca- 
tion, and shall superintend so much of the work of Convocation as 
the Bishop may commit to his charge. 

Sec. 4. The objects of Convocation shall be:- To devise plans 
for the extension of the Church within the limits of the Convoca- 
tion; to afford an opportunity for the Clergy to come together for 
conference; to hold public services with discussions of religious topics 
of general interest. 

Sec. 5. Each Convocation shall make an annual report, through 
its Dean, to the Convention. 



MISSIONARY DISTRICT OF ASHEVILLE 19 

CANON XVIII. 
Of the Education Committee. 

Section i. There shall be appointed by the Bishop, at each an- 
nual Convention of the District, a committee, consisting of five mem- 
bers, three Clerical and two Lay. who shall be called the Education 
Committee, of which committee the Bishop of the District and the 
Archdeacon shall ex-officio, be members. 

Sec. 2. The Education Committee shall be charged with the 
appointment and regulation of beneficiaries of its funds; with the 
collection and appropriation of funds for educational purposes; with 
the appointment of teachers in the Mission schools of the District, 
and with the general supervision of such schools; and with all other 
business belonging thereto. 

Sec. 3. It shall be the privilege of contributors to the Education 
cause to designate the particular object to which their contributions 
shall be applied; otherwise all contributions for education shall be at 
the disposal of the Committee. 

Sec. 4. The Committee shall elect its own Secretary, who, if he 
be not a member of the Committee, shall thereby become a member. 
The Treasurer of the District shall act as Treasurer *of the Com- 
mittee. The Bishop shall call, and preside at, all meetings of the 
Committee. 

Sec. 5. A report shall be made annually by the Committee, 
through its Secretary, to the Convention of the District. 

CANON XIX. 

Of Lay Readers. 

No one shall be considered as authorized to officiate as a Lay 
Reader in this District, except in case of particular emergency, with- 
out a written license from the Ecclesiastical Authority of the District, 
and Lay Readers shall in all cases conform to the provisions of Canon 
21 of the General Convention. 

CANON XX. 

Of the Trial of a Presbyter or Deacon. 

Section 1. Whenever any Presbyter or Deacon of the District 
shall be thought to be guilty of any misconduct, for which, according 
to Canon 23, of the General Convention, he is liable to be tried, ap- 
plication may be made in writing with the name of everyone engaged 
in the application subscribed, to the Council of Advice, and, if it 
appear to them that the evidence is sufficient to demand a trial, they 



20 CONSTITUTION AND CANONS 

shall forthwith present the Clergyman to the Bishop, accordingly; 
the presentment shall be made in writing, signed by a majority of the 
Council of Advice, and specifying with as much accuracy as possible, 
the offence or offences, with particulars of time, place and circum- 
stances; and every Clergyman in this District, may, for himself, re- 
quest of the Council of Advice, the inquiry provided for in this sec- 
tion, in which case it shall be instituted, and shall proceed according 
to the provisions of this Canon. 

Sec. 2. There shall be elected triennially, by ballot, by the Con- 
vention, from the Presbyters entitled to seats, not members of the 
Council of Advice, five, who shall be a Court for the trial of Presby- 
ters or Deacons. No ballot shall have more than three names there- 
on, and the five having the largest number of votes shall be the Court. 
Vacancies may be filled by the Council of Advice, subject to the ap- 
proval of the next Convention, by a vote of three-fourths of the mem- 
bers present. The member of the Court of longest continuous can- 
onical residence in the District shall be its President. 

Sec. 3. Said members of said Court chosen as aforesaid, shall, 
for each and every trial and case that may be brought before them, 
appoint some person learned in law who is a communicant of this 
Church and a citizen of North Carolina, their legal adviser, who shall 
sit with them on such trial or case, and shall advise said Court upon 
all questions of law, both civil and ecclesiastical, and as to all rtrtes 
and forms of procedure. Said legal adviser may preside at the re- 
quest of the Court, or the Court may at its option elect any one of 
its members to preside during the trial. Before entering upon the 
trial of any Minister who shall have been duly presented for trial 
under this Canon, or pending any such trial, and with the approval, 
in all cases, of the Bishop of the District, said Court shall be author- 
ized as a Court of Conciliation, to adjust and dispose of the matter 
so presented amicably, and without any public trial, in case, in their 
judgment, it shall be advisable to do so, and with the approval of 
the Bishop, as aforesaid. And in case of such amicable adjustment, 
a certificate thereof, signed by the President of the Court, and ap- 
proved by the Bishop, shall be sent to the Council of Advice. 

Sec. 4. A written notice of the time and place of the first meet- 
ing of the Court for any trial, with a copy of the presentment, shall 
be served at least thirty days before such meeting, on the accused; 
and also notice of the time and place of meeting on the Council of 
Advice; who, by their President, or one of their members whom they 
may appoint for the purpose, shall prosecute the case, and present 
such oral or documentary evidence .to substantiate the' accusation, as 
they may be able to obtain. 

Sec. 5. If, at the time of first meeting of^the Court, the whole 
number be not present, then those present may adjourn from time 



MISSIONARY DISTRICT OF ASHEVILLE 21 

to time; and if it shall appear improbable that the whole number will 
attend within a reasonable time, those who do attend, being not fewer 
than three, shall proceed to trial and a majority shall decide all ques- 
tions; but a majority of the whole Court shall be required to render 
final judgment. 

Sec. 6. If a Clergyman shall, before the Court meets, confess 
the truth of the facts of which he is accused, the Bishop may immed- 
iately proceed to pass sentence; otherwise the accused shall be con- 
sidered as pleading not guilty. 

Sec. 7. In case a Clergyman presented and notified as above 
directed shall not appear before the Court appointed for his trial, the 
Court may proceed as if he were present; unless they shall see fit 
to adjourn till another day. Atid if the accused shall neglect or re- 
fuse to appear before the Court, after due presentment and notifica- 
tion, and no sufficient reason for such neglect or refusal be given, 
the Court shall report him to the Bishop for contumacy, and sentence 
of suspension from the Ministry shall pass against him accordingly; 
but the sentence may be reversed by the Bishop, if, within three cal- 
endar months, the accused shall tender himself ready, and accord- 
ingly appear and receive his trial; but, if he shall not so tender him- 
self, the Bishop, in view of the acts alleged in the presentment, shall 
proceed, if he thinks proper, to pronounce sentence of degradation 
from the Ministry. 

Sec. 8. The Court sail choose a Secretary, who shall be from 
their own number, or otherwise, as they determine, and before pro- 
ceeding to trial, they shall adopt and declare the rules by which the 
trial shall be conducted; provided, however, that both parties may 
employ and be represented in such trial by counsel, not exceeding 
two for each, who shall be communicants of this Church, and citizens 
of North Carolina. 

Sec. 9. When the Court proceed to trial, they shall hear such 
evidence as may be produced; and all oral evidence shall be reduced 
to writing by the Secretary and signed by the witnesses respectivly; 
and some officer, authorized by the law to administer oaths, may, at 
the desire of either party, be requested to administer an oath or 
affirmation to the witnesses; and the examination of witnesses and all 
the proceedings of the trial shall be in public, if desired by the ac- 
cused. 

Sec. 10. Any Presbyter who shall, without sufficient excuse, re- 
fuse or neglect to act as Trier or Church Advocate, or any clerical 
or lay communicant who shall, without sufficient excuse, refuse or 
neglect to testify as a witness when duly appointed or summoned, 
under the Canon, shall be regarded and may be dealt with as any 
other violator of the laws of the Church. 

Sec. 11. Application being made to the Bishop by either party 



22 CONSTITUTION AND CANONS 

setting forth, satisfactorily, that any material witness cannot be pro- 
cured upon the trial, the Bishop may appoint some clergyman or 
layman to act as a Commisisoner to take the testimony of such wit- 
ness; and the party applying as above shall give to the other party 
at least five days' notice of the time and place of the taking the tes- 
timony; or such longer notice as the Bishop may, in writing, direct. 
And both parties may attend and examine the witness, and the ques- 
tions and answers shall all be reduced to writing, and signed by the 
witness, and shall be certified by the Commissioner, and enclosed 
under his seal, and transmitted to' the Court, and received by them 
as evidence. A witness examined before such a Commissioner may 
be sworn or affirmed in manner aforesaid. 

Sec. 12. The Court, after considering the evidence, shall declare, 
in a writing signed by them, or a majority of them, their decision 
on the charges contained in the presentment, distinctly stating 
whether they find the accused guilty or not guilty of such charges, 
respectively; which decision, together with the evidence and an at- 
tested record of all the proceedings, shall be delivered to the Bishop, 
accompanied with an opinion of the Court as to what sentence should 
be pronounced; whereupon the Bishop shall pronounce such sentence 
as shall appear to him to be proper; provided the same do not exceed 
in severity the sentence recommended by the Court, and such sentence 
shall be final. But the Bishop, if satisfied that justice require it, may 
give a new trial to the accused, in which case the proceedings shall 
be conducted as before provided. 

Sec. 13. If the Bishop of the District be connected by consan- 
guinity or affinity with the party accused, he may request some other 
Bishop, from one of the adjoining dioceses, who is not connected by 
consanguinity or affinity with the party accused, to express his judg- 
ment on the decision of the Court, to which judgment the Bishop of 
the District shall conform in passing sentence or granting a new 
trial. And if the District be vacant, the members of the Council of 
Advice shall request the services of such Bishop as they may find 
most convenient, for the performance of all such acts as are, by this 
Canon, required to be done by the Bishop of the District. 



CANON XXI. 

Of the Dissolution of the Pastoral Relations. 

All" differences between Ministers and their congregations shall 
be determined according to the provisions of Canon yj of the General 
Convention. 



MISSIONARY DISTRICT OF ASHEVILLE 23 

CANON XXII. 

Of Regulations Respecting the Laity. 

All regulations respecting the removal and repulsion of commun- 
icants shall be in accordance with the provisions of Canon 39 of the 
General Convention. 

CANON XXIII. 

Of the Suspension of a Parish. 

Section 1. Among the causes for which a Parish may be dealt 
with under Article 11 of the Constitution, are the following: 

1. Employing a Clergyman under Ecclesiastical censure. 

2. Permitting a Church edifice to be used for purposes incom- 
patible with its consecration. 

3. A failure to pay reasonable assessments. 

4. A failure to report its true financial condition when called for. 

5. Any persistent course inconsistent with the doctrine, disci- 
pline or worship of this Church. 

Sec. 2. No Parish shall have its connection with the District 
wholly dissolved under Article 11 of the Constitution, until the al- 
leged delinquency shall have been carefully investigated by a com- 
mittee of Laymen, after due notice to the Parish. The action of the 
Convention shall be upon the report of such committee. 

CANON XXIV. 

Of the Solemnization of Matrimony. 

In the solemnization of matrimony, Ministers shall be governed 
by the provisions of Canon 38 of the General Convention. 

CANON XXV. 
Of Alterations in the Canons. ' 

Section 1. No proposition to alter or add to the Canons of the 
District, shall be considered by the Convention, except at a stated 
meeting and after one day's notice of the proposed alteration, given 
in open Convention; nor (unless by unanimous consent) until it shall 
have been reported on by the Committee on Canons of the District. 

Sec. 2. No alteration or amendment of these Canons shall be 
made without the approbation of the Bishop of the District, nor until 
the alteration or amendment has been submitted to the House of 
Bishops and has received the approbation thereof. 



24 CONSTITUTION AND CANONS 

CANONS OF THE GENERAL CONVENTION REFERRED TO 

IN THE CANONS OF THE DISTRICT OF 

ASHEVILLE. 

CANON XIII. § IV. [ii.] 

Every Missionary Bishop shall appoint annually a Council of Ad- 
vice, to be composed of not less than two nor more than four Presby- 
ters, and an equal number of laymen, communicants of this Church, 
resident within his Missionary District, who shall perform the duties 
of a Standing Committee for such District, except in so far as these 
Canons otherwise provide, and who shall continue in office until their 
successors are appointed, and shall, so far as the circumstances of the 
District permit, be governed by the Constitution and Canons that 
have been adopted for such District. 

CANON XIV. 
Of the Filling of Vacant Cures. 

§ i. When a Parish or Congregation becomes vacant, the Church 
Wardens or other proper officers, shall notify the fact to the Bishop. 
If the authorities of the Parish shall for thirty days have failed to 
make provision for the services, it shall be the duty of the Bishop to 
take such measures as he may deem expedient for the temporary 
maintenance of Divine services therein. 

§ 2. No election of a Rector shall be had until the name of the 
Clergyman whom it is proposed to elect has been made known to 
the Bishop, if there be one, and sufficient time, not exceeding thirty 
days, has been given to him to communicate with the Vestry thereon. 

§3. Written notice of the election, signed by the Church War- 
dens, shall be sent to the Ecclesiastical Authority of the Diocese. If 
the Ecclesiastical Authority be satisfied that the person so chosen 
is a duly qualified Minister, and that he has accepted the office, the 
notice shall be sent to the Secretary of the Convention;, who shall 
record it. And such record shall be sufficient evidence of the rela- 
tion between the Minister and the Parish. 

§4. A Minister is settled for all purposes here or elsewhere men- 
tioned in these Canons, who has been engaged permanently by any 
Parish according to the rules of this Diocese, or for any term not 
less than one year. 

CANON XXI. 

Of Lay Readers. 

§ 1. A competent person ready and desirous to serve the Church 
in the public services statedly as. a Lay Reader, must procure from 



MISSIONARY DISTRICT OF ASHEVILLE 25 

the Bishop or Ecclesiastical Authority of the Diocese or Mission- 
ary District a written license. Such license shall not be granted to 
any but a male communicant of this Church, and must be given for 
a definite period, not longer than one year, but may be renewed from 
time to time, or revoked at any time. Such license may be given for 
any vacant Parish or Mission, or for a congregation without a min- 
ister, but where a Presbyter is in charge, his request and recom- 
mendation must have been previously signified to the Ecclesiastical 
Authority. A license shall not be granted for conducting the ser- 
vice in a congregation without a Minister, which is able and has had 
reasonable opportunity to secure the services of an ordained Min- 
ister. If the Lay Reader be a student in any Theological Seminary, 
he shall also, before acting as such, obtain the permission of the 
presiding officer of such institution and of his own Bishop. 

§ 2. A Lay Reader shall be subject to the regulations prescribed 
by the Ecclesiastical Authority, and shall not serve in any Diocese 
other than that in which he is licensed, unless he shall have received 
a license from the Bishop of the Diocese in which he desires to 
serve. 

§3. In all matters relating to the conduct of the service, and to 
the Sermons or Homilies to be read, he shall conform to the direc- 
tion of the Minister in charge of the Parish, congregation, or Mission 
in which he is serving, and, in all cases, to the directions of the 
Bishop. He shall read only the Morning and Evening Prayer (omit- 
ting the Absolution), the Litany, and the office for the Burial of the 
dead. He shall not deliver sermons or addresses of his own com- 
position, unless, after instruction and examination, he be specially 
licensed thereto for urgent needs by the Bishop. He shall not wear 
the dress appropriate to Clergymen ministering in the congregation. 

CANON XXXVII. 
Of the Dissolution of the Pastoral Relations. 

§ 1. A Rector may not resign his Parish without the consent of 
said Parish, or its Vestry, or its Trustees, whichever may be author- 
ized to act in the premises, nor may any Rector or Minister canon- 
ically or lawfully elected and in charge of any Parish be removed 
therefrom by said Parish, Vestry, or Trustees, against his will, except 
as hereinafter provided. 

§ 2. If for any urgent reason a Rector or Minister as aforesaid, 
or the Parish committed to his charge, its Vestry or Trustees, shall 
desire a separation artd dissolution of the pastoral relation, and the 
parties be not agreed respecting such separation and dissolution, no- 
tice in writing may be given by either party to the Ecclesiastical Au- 
thority of the Diocese or Missionary District. The Bishop, in case 



26 CONSTITUTION AND CANONS 

the difference be not settled by his godly judgment, or if he decline to 
consider the case without counsel, may ask the advice and consent 
of the Standing Committee of the Diocese or of the Council of Advice 
of the Missionary District., and, proceeding with its aid and counsel, 
shall be the ultimate arbiter and judge. If the Diocese or Missionary 
District be vacant, the Ecclesiastical Authority shall select a Bishop 
of an adjacent Diocese or Missionary District to act as the Bishop, 
and with like force and effect. The judgment shall be either that the 
pastoral relation between the parties shall cease and determine at a 
time and upon terms therein specified, or that the said relation shall 
not be terminated; and it shall be the duty of both parties to submit 
to and abide by such judgment. In the event of either party refusing 
to abide by such judgment, the penalty for such refusal and the 
further proceedings in the case shall be those provided by the Consti- 
tution and Canons of the Diocese or Missionary District in which 
such Parish is situated. 

§ 3. In case of the regular and canonical dissolution of the con- 
nection between a Rector or Minister and his Parish, under this 
Canon, the Ecclesiastical Authority shall direct the Secretary of the 
Convention to record the same. 

§ 4. This Canon shall not apply in any Diocese or Missionary 
District which has made, or shall hereafter make, provision by Canon 
upon this subject, nor in contravention of any right of any Rector, 
Minister, Parish, congregation or Vestry under the civil law. 

CANON XXXVIII. 
Of the Solemnization of Matrimony. 

§ 1. Ministers of this Church shall be careful to secure the observ- 
ance of the law of the State governing the civil contract of marriage 
in the place where the service shall be performed. 

§ 2. [i.] No Minister shall solemnize a marriage except in the 
presence of at least two witnesses. 

[ii.] Every Minister shall without delay formally record in the 
proper register the name, age, and residence of each party. Such 
record shall be signed by the Minister who solemnizes the marriage, 
and, if practicable, by the married parties, and by at least two wit- 
nesses of the marriage. 

[iii.] No Minister, knowingly after due inquiry, shall solemnize 
the marriage of any person who has been or is the husband or wife 
of any other person then living, from whom he or she has been di- 
vorced for any cause arising after marriage. But this Canon shall 
not be held to apply to the innocent party in a divorce for adultery; 
Provided, that before the application for such re-marriage a period of 
not less than one year shall have elapsed, after the granting of such 



MISSIONARY DISTRICT OF ASHEVILLE 27 

divorce; and that satisfactory evidence touching the facts in the case, 
including a copy of the Court's Decree, and Record, if practicable, 
with proof that the defendant was personally served or appeared in 
the action, be laid before the Ecclesiastical Authority, and such 
Ecclesiastical Authority, having taken legal advice thereon, shall have 
declared in writing that in his judgment the case of the applicant con- 
forms to the requirements of this Canon; and Provided, further, that 
it shall be within the discretion of any Minister to decline to solem- 
nize any marriage. 

§ 4. If any Minister of this Church shall have reasonable cause 
to doubt whether a person desirous of being admitted to Holy Bap- 
tism, or to Confirmation, or to the Holy Communion, has been mar- 
ried otherwise than as the Word of God and discipline of this Church 
allow, such Minister, before receiving such person to these ordinances, 
shall refer the case to the Bishop for his godly judgment thereupon; 
Provided, however, That no Minister shall in any case refuse these 
ordinances to a penitent person in imminent danger of death. 

CANON XXXIX. 
Of Regulations Respecting the Laity. 

§ 1. A communicant in good standing removing from one Parish 
to another shall be entitled to and shall procure from the Rector or 
Minister of the Parish or congregation of his or her last residence, 
or if there be no Rector or Minister, from one of the Wardens, a 
certificate stating that he or she is a communicant in good standing; 
and the Rector or Minister of the Parish or congregation to which 
he or she removes shall record him or her as a communicant when 
such letter is presented, or on failure to produce such letter from no 
fault of the communicant, upon other evidence of his or her standing 
sufficient in the judgment of the said Rector or Minister. Notice of 
the above record shall be sent by said Rector or Minister to the Rec- 
tor of the Parish from which the communicant has removed. 

§ 22. When a person to whom the sacraments of the Church have 
been refused, or who has been repelled from the Holy Communion 
under the Rubrics, shall lodge a complaint with the Bishop, it shall 
be the duty of the Bishop, unless he see fit to require the person to 
be admitted or restored because of the insufficiency of the cause as- 
signed by the Minister, to institute such an inquiry as may be directed 
by the Canons of the Diocese or Missionary District, and shall pro- 
ceed according to such principles of law and equity as will insure an 
impartial decision, but no Minister of this Church shall be required 
to admit to the Sacraments a person so refused or repelled, without 
the written direction of the Bishop. 

The Sacraments shall not be refused in any case to a penitent 
person at the point to die. 



28 CONSTITUTION AND CANONS 

DISTRICT OF ASHEVILLE. 



RULES OF ORDER. 



Rule I. — The order of proceedings shall be as follows: 

FIRST DAY. 

(i.) The Convention shall meet at 10 o'clock, a. m., for Morning 
Prayer and organization. 

(2.) The Secretary of the preceding Convention, if present — if 
not, some other person appointed by the Chair — shall call the names 
of Clergy entitled to seats (Const., Art. II) and enter on the minutes 
the names of those present. 

(3.) The Secretary shall call the names of Lay Delegates as en- 
tered upon the list provided for by Canon 2 of the Canons of the Dis- 
trict, subject to such corrections as may be based on the list of de- 
linquent parishes to be sent by the Treasurer of the District to the 
Secretary on the day before the meeting of the Convention, and shall 
enter on the minutes the names of those present, after which the Pres- 
ident shall declare the Convention organized for business. 

(4.) The President shall appoint a Committee on Credentials, con- 
sisting of one Clergyman and two Laymen, to receive, examine and 
report upon the Credentials of Lay Delegates, and to revise the Sec- 
retary's list of the same. And the Treasurer of the District shall re- 
port to such Committee a list of the Parishes which are in arrears 
for Diocesan assessments, and no Delegate shall be reported by such 
Committee as entitled to a seat in the Convention from any Parish 
reported by such Treasurer as in arrears, until such Treasurer shall 
have made further report to such Committee that such Parish is no 
longer in arrears. In case the alternate Delegates claim the right to 
seats in the Convention, the fact must be made known to the Com- 
mittee on Credentials, who shall report thereon; and the persons 
reported by that Committee as entitled to seats (not exceeding three 
from each Parish), whether regulars or alternates, shall, if the Con- 
vention approve such report, be entered upon the roll of the Secre- 
tary as properly accredited Delegates. 

(5.) At 10:30 a. m., a recess shall be taken for the celebration of 
the Holy Communion, at which time a sermon shall be preached by 
some Presbyter of the District appointed by the Bishop. 

(6.) The Committee on Credentials shall next report on the ap- 
plication (if any) of new Parishes for admission to the Convention 
(Canon 10 of the District); and when received, the Secretary shall 



MISSIONARY DISTRICT OF ASHEVILLE 29 

call and enter on the minutes the names of the Lay Delegates repre- 
senting said Parishes. 

(7.) The election by ballot of a Secretary, who shall have power 
to appoint an Assistant. 

(8.) Appointment by the President of a Committee on Unfinished 
Business, consisting of one Clergyman and one Layman. 

(9.) Appointments by the President to fill any vacancies existing 
in the Committee on Canons, or in the Committee on Finance, ap- 
pointed by the preceding Convention. 

(10.) Nominations for — 
i. Missionary Committee. 

ii. Delegates and Provisional Delegates to General Convention 
(triennially). 

iii. One Trustee of the Diocese. 

iv. Members of the Ecclesiastical Court (triennialy). 

v. Registrar of the District (triennially). 

(11.) Report of Deans of Convocations. 

(12.) Report of Archdeacon of the District. 

(13.) Reading of the Abstract of Proceedings of the Council of 
Advice of the District. 

(14.) T<eport of the Committee on Unfinished Business. 

(15.) Report of Special Committees of last Convention. 

(16.) Report of Finance Committee. 

(17.) Report of Missionary Committee. 

(18.) Report of Education Committee. 

(19.) Report of Committee on Canons, on matters referred to 
it by previous Convention. 

(20.) Motions, resolutions and miscellaneous business. 

(21.) A public Missionary meeting for promoting the objects of 
the Missionary and Educational interests of the District. 
SECOND DAY. . 

After Divine Service, the order of business shall be as follows: 

(22.) Reading and approving the minutes. 

(23.) Reading of the Bishop's Address. 

(24.) Supplementary report of the Committee on Credentials. 

(25.) Election, by ballot, of — 
i. Missionary Committee. 

ii. Delegates and Provisional Delegates to General Conven- 
tion (triennially). 

iii. One Trustee of District. 

iv. Members of the Ecclesiastical Court (triennially). 
v. Trustee for Sewanee. 
vi. Trustee for St. Mary's. 

vii. Registrar of the District (triennially). 

(26.) Report of Special Committees. 



30 CONSTITUTION AND CANONS ' 

(27.) Report of Finance Committee on Assessments. 

(28.) Report of the Treasurer of the District. 

(29.) Election, by ballot, of the Treasurer of the District. 

(30.) Report of the Committee on Canons on new business. 

(31.) Report of Committee on Sunday-schools. 

(32.) Report of Secretary of the Board of Trustees of the Dis- 
trict. 

(33-) Report of Treasurer of the Board of Trustees of the 
District. 

(34.) Appointment by the President of the following District 
Committees, to continue until the close of the next Annual Conven- 
tion : 

I. A Committee on Canons, to consist of two Clergymen and two 
Laymen, to whom shall be referred all matters pertaining to the 
Constitution and Canons, and all questions of ecclesiastical law which 
may arise during the session of the Convention. 

II. The Committee on Finance required by Canon 9 of the 
Canons of the District. 

III. Other committees required by Canon. 
(35.) The disposal of any unfinished business. 

Rule II. — When the President takes the Chair, no member shall 
continue standing, or shall afterwards stand, unless to address the 
Chair. 

Rule III. — No member shall absent himself from the services of 
the House, unless he have leave, or be unable to attend. 

Rule IV. — Whenever any member is about to speak in debate, or 
deliver any matter to the Convention, he shall rise from his seat, and 
with due respect, address himself in an audible voice to the President, 
confining himself strictly to the point in debate. 

Rule V. — No member shall speak more than twice in the same 
debate, without leave of the house. 

Rule V. — While the President is putting any question, the mem- 
bers shall continue in their seats, and not hold any private discourse. 

Rule VII. — Every member present shall vote when a question is 
put, unless excused bjr the Convention; and, on a vote by orders, the 
name of the Presiding Officer shall be called last. 

Rule VIII. — When a question is under consideration, no motion 
shall be made, unless to lay it upon the table, to postpone it indefi- 
nitely, to postpone it to a certain time, to commit it, to amend it, or 
to divide it, and motions for any of these shall have precedence in 
the order herein named. 

Rule IX. — A motion to lay on the table shall be decided without 
debate. 



MISSIONARY DISTRICT OF ASHEVILLE 31 

Rule X. — A motion to adjourn shall always be in order, and, if 
unqualified, shall be decided without debate. 

Rule XI. — No motion shall be considered as before the House, 
unless it be seconded, and reduced to writing. 

Rule XII. — A question, being once determined, shall stand as 
the judgment of the Convention, and shall not again be considered 
during the same session; but a question, being decided, may be recon- 
sidered with the consent of two-thirds of the members present, on 
a motion to that purpose by one of the majority on the first decision. 

Rule XIII. — • All Committees shall be appointed by the President, 
unless otherwise ordered. 

Rule XIV. — The reports of all committees shall be in writing, 
and shall be entered upon the minutes, unless otherwise ordered. If 
recommending or requiring action or expression of opinion by the 
Convention, they shall be accompanied by a resolution or resolutions 
for its consideration. 

Rule XV. — All questions of order shall be decided by the Presi- 
dent, in the first instance; but any member may appeal from such de- 
cision, and on such appeal no member shall speak more than once 
without leave of the Convention. 

Rule XVI. — Clergymen of the Protestant Episcopal Church not 
entitled to seats, and candidates for Holy Orders in this District, shall 
be admitted to the sittings of the Convention, and their names entered 
on the Journal, on reporting themselves to' the Secretary, but without 
the right of taking any part in the proceedings. 

Rule XVII. — Before the final adjournment of the Convention, 
the minutes of the last day's proceedings shall be read, corrected, if 
necessary, and approved. 

Rule XVIII. — The Rules of Order may be suspended by a vote of 
two-thirds of all the members present. 

Rule XIX. — The above shall be the Rules*of Order for all future 
Conventions of this District, unless altered or rescinded. 





FOR USE ONLY IN 
THE NORTH CAROLINA COLLECTION 




Form No. A-368, Rev. 8/95